Kerala High Court
Kerala Head Load Workers’ Welfare ... vs Sarojini on 25 September, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
2024:KER:71284
MFA (ECC) NO. 19 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
MFA (ECC) NO. 19 OF 2024
AGAINST THE ORDER DATED 25.04.2022 IN ECC NO.83 OF 2015
OF EMPLOYEES COMPENSATION COMMISSIONER
APPELLANT/1ST OPPOSITE PARTY:
KERALA HEAD LOAD WORKERS' WELFARE BOARD
SRM ROAD, ERNAKULAM REPRESENTED BY ITS SECRETARY
(WRONGLY MENTIONED AS SECRETARY, KERALA HEADLOAD
WORKERS' WELFARE BOARD, THIRUVANANTHAPURAM IN THE
IMPUGNED ORDER), PIN - 682018
BY ADV K.SIJU
RESPONDENTS/APPLICANTS 1 TO 3 AND 2ND OPPOSITE PARTY:
1 SAROJINI
W/O.LATE GOPALAKRISHNAN, KOOTHALIL HOUSE, MUNDUR,
PALAKKAD, PIN - 678592
2 GOPI
S/O. LATE GOPALAKRISHNAN, KOOTHALIL HOUSE, MUNDUR,
PALAKKAD, PIN - 678592
3 SABITHA
D/O. LATE GOPALAKRISHNAN, KOOTHALIL HOUSE, MUNDUR,
PALAKKAD, PIN - 678592
4 THE SECRETARY
CITU UNION, PORIYANI, MUNDUR, PALAKKAD DISTRICT,
PIN - 678592
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MFA (ECC) NO. 19 OF 2024
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BY ADVS.
BINDU SREEKUMAR A
SANDRA RAJAN I.
PRAJISHA V.
SHIFA S.
SARIKA R.
ANAGHA V. SHAL
THIS MFA (ECC) HAVING BEEN FINALLY HEARD ON 25.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MFA (ECC) NO. 19 OF 2024
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T.R. RAVI, J.
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M.F.A (ECC) No.19 of 2024
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Dated this the 25th day of September, 2024
JUDGMENT
The appeal is filed by the 1 st opposite party against an
award dated 25.04.2022 in ECC No.83 of 2015 passed by the
Employees Compensation Commissioner (Industrial
Tribunal), Palakkad. The claim was filed since the husband of
the 1st applicant suffered a fatal accident during the course
of employment under the appellant and died on 01.04.2014.
The deceased was employed as a headload worker and while
unloading cement bags, he had physical disabilities and he
was taken to St.Thomas Hospital, Poriyani, but he succumbed
to the illness on the way to hospital. The claimants contended
that the deceased was earning Rs.9,000/- per month and he
was aged 53 years at the time of the accident. The claimants
produced Exts.A1 to A7 in evidence of their claim and the 1 st
claimant was examined as AW1. The opposite parties did not
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MFA (ECC) NO. 19 OF 2024
adduce any evidence nor did they take an effort to cross-
examine AW1, who has spoken in support of the claim. The
Commissioner granted compensation by fixing the monthly
income at Rs.8,000/- in the absence of contra evidence,
considering the nature of the job of the deceased. The appeal
is filed contending that the quantum of compensation
awarded is without any basis and the Commissioner ought to
have insisted on production of the wage register, etc., for
arriving at monthly wages. I do not think that the appellant
who did not bother to adduce any evidence in the matter and
did not even care to cross-examine AW1 can be permitted to
take such a contention before the High Court in an appeal
which is to be filed on substantial questions of law. The
Commissioner has decided on the material available before
him and in the absence of any contra evidence. The order
cannot be faulted in any manner.
The appeal fails and is dismissed.
Sd/-
T.R.RAVI
JUDGE
LEK
